An Oklahoma woman has been charged with marijuana possession, despite having a valid medical marijuana license.
Regina Gist had her first appearance in Adair County court Tuesday, October 16.
On September 25, Gist was pulled over for a broken rear brake light.
The 49-year-old single mom of three boys has had four back surgeries and says she lives in constant pain. So, when medical marijuana became legal, she went out got her medical marijuana license.
“I can try it at least. Right? And see if it helps me,” Gist explained after her hearing. “I was really looking forward to it.”
She says she had her medical marijuana license on her when she was pulled over.
“The officer asked if I had anything on me and I said I have a little bit of weed but I have my ID. He just didn’t care. He said I just couldn’t possess it,” said Gist.
Gist said the officer told her since there are no dispensaries open yet, the weed is illegal. But in a motion to dismiss the charges, Gist's attorney argued that it's not. He cites State Question 788 which says, "a license holder can legally possess up to three ounces of marijuana."
“Nowhere does it say you have to get it from the dispensary, you have to get it from XYZ,” said Collin Rockett, Gist’s attorney. “So with that language controlling, it’s our position they have no basis to charge her.”
Gist says she believed she was obeying the law.
"I seriously wasn’t even nervous when I told him. But that changed real fast,” said Gist.
The assistant district attorney prosecuting the case says this is all new to her, too, and at this point they are moving forward with the case while she researches the law. She said she may dismiss the charges.